Second Regular Session Sixty-seventh General Assembly STATE OF COLORADO INTRODUCED LLS NO. 10-0309.01 Brita Darling SENATE BILL 10-005 SENATE SPONSORSHIP Hudak, Hodge, Williams HOUSE SPONSORSHIP Benefield, Massey, Peniston, Solano Senate Committees House Committees Education A BILL FOR AN ACT Concerning continuity of services to public school kindergarten students who were enrolled in certain preschool programs during the prior year. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Early Childhood and School Readiness Legislative Commission. Contingent upon the receipt and allocation of certain federal moneys or upon receipt of gifts, grants, and donations, the bill authorizes the department of education (department) to distribute moneys to public schools through a grant program to provide continuity in the nature and quality of services that children in kindergarten receive after they have transitioned from the Colorado preschool program or a head start program to kindergarten. The public schools receiving the grant moneys shall determine the appropriate services to provide to the kindergarten children consistent with the provisions of the grant program. Public schools are encouraged to follow basic program standards established for the Colorado preschool program as they may apply to the kindergarten classroom and to implement evidence-based practices in early childhood education, which may include but need not be limited to smaller class size, fewer children per teacher, parental engagement, and specialized professional development for classroom staff. The department may provide technical assistance to local education providers in implementing the basic program standards in the kindergarten classroom and in implementing evidence-based practices in early childhood education in the classroom. The department shall develop and administer a process to distribute the grant moneys to public schools. The department is authorized to accept federal moneys or gifts, grants, or donations for the purposes of the grant program. The state board of education shall adopt rules necessary for the implementation and administration of the grant program. The commissioner of education shall notify the revisor of statutes in the event federal moneys or gifts, grants, or donations are not received to implement the grant program or if there are no federal moneys or gifts, grants, and donations remaining to award grants. Upon receipt of notice, the provisions of the bill are repealed. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Title 22, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW ARTICLE to read: ARTICLE 28.5 Continuity of Services in Early Childhood Education 22-28.5-101. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) Research indicates that money spent on students who are at risk of school failure is most effective in preventing negative outcomes when the money is spent on early childhood education or other early learning programs; (b) Approximately twenty-eight thousand children in the state who are at risk of early school failure receive early childhood education services through the Colorado preschool program or through a head start program; (c) Attending a preschool program prepares children to learn in kindergarten and the primary grades and helps children to achieve their full potential. In addition, attending a preschool program decreases the likelihood that children will experience early school failure, become dependent on public assistance, or become involved in criminal activities. (d) Children who participate in the Colorado preschool program or a head start program often experience a decline in the availability and quality of services when they enter kindergarten because local education providers do not have the resources to provide the same quality or nature of services that the children received in preschool. (2) The general assembly therefore finds and declares that, if federal moneys or gifts, grants, or donations become available, it is appropriate to provide local education providers with additional resources, through a grant program administered by the department of education, to ensure that there is continuity in the nature and quality of services that children receive as they transition from preschool to kindergarten. 22-28.5-102. Definitions. For purposes of this article, unless the context otherwise requires: (1) "Department" means the department of education. (2) "Grant program" means the grant program established in section 22-28.5-104. (3) "Local education provider" means: (a) A school district, other than a junior college district organized and existing pursuant to law; (b) A board of cooperative services created pursuant to article 5 of this title; (c) The state charter school institute established pursuant to section 22-30.5-503; (d) A district charter school authorized pursuant to part 1 of article 30.5 of this title; or (e) An institute charter school authorized pursuant to part 5 of article 30.5 of this title. (4) "Preschool program" means the Colorado preschool program operated pursuant to article 28 of this title or a head start program operated under the provisions of title V of the federal "Economic Opportunity Act of 1964", as amended, 42 U.S.C. sec. 9801, et seq. 22-28.5-103. Early childhood education - continuity of services - kindergarten. (1) In the event that the state receives federal moneys or gifts, grants, or donations for the purposes of this article, the department shall distribute the moneys through the grant program established in section 22-28.5-104 to local education providers in the state to provide continuity in the nature and quality of services to kindergarten pupils who were enrolled in a preschool program during the previous year. (2) Each local education provider that receives a grant pursuant to this article shall determine how to utilize the grant in the manner that best serves the needs of kindergarten pupils who were enrolled in a preschool program during the previous year. In providing continuity in the nature and quality of services, each local education provider is encouraged to: (a) Provide services using evidence-based practices in early childhood education including, but not limited to, smaller class sizes, fewer children per teacher, parent engagement, and specialized professional development of classroom staff; and (b) Follow the basic program standards established pursuant to section 22-28-108 of the "Colorado Preschool Program Act", article 28 of this title, as they may apply to a kindergarten program. (3) The department may provide technical assistance to local education providers in applying basic program standards established for preschool programs in a kindergarten classroom and in implementing evidence-based practices in early childhood education referenced in subsection (2) of this section. 22-28.5-104. Distribution of moneys to local education providers - grant program created - rules. (1) The department shall distribute any moneys received pursuant to this article to local education providers through a grant program created pursuant to this section and administered by the department. The department shall develop an application for the grant program and shall award grants to local education providers for the purposes set forth in sections 22-28.5-101 and 22-28.5-103, consistent with any provisions related to the department's receipt of federal moneys or of gifts, grants, or donations that are applied to the grant program. (2) The department is authorized to seek and accept federal moneys and gifts, grants, and donations for the purposes of the grant program; except that the department may not accept a gift, grant, or donation that is subject to conditions that are inconsistent with this article or any other law of the state. (3) The state board of education shall promulgate rules in accordance with the "State Administrative Procedure Act", article 4 of title 24, C.R.S., as necessary for the implementation and administration of the grant program. 22-28.5-105. Repeal of article. (1) (a) On or before July 1, 2011, the commissioner of education shall notify the revisor of statutes in writing if federal moneys are not received and allocated to the department, or gifts, grants, and donations are not received by the department, for the award of grants pursuant to this article. (b) If federal moneys or gifts, grants, and donations are received for the award of grants, the commissioner of education shall notify the revisor of statutes in writing within sixty days after the commissioner determines that federal moneys or gifts, grants, and donations are no longer available to award a grant pursuant to this article. (2) This article is repealed, effective July 1 following the receipt of the notice by the revisor of statutes pursuant to paragraph (a) or (b) of subsection (1) of this section. SECTION 2. Act subject to petition - effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 11, 2010, if adjournment sine die is on May 12, 2010); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part shall not take effect unless approved by the people at the general election to be held in November 2010 and shall take effect on the date of the official declaration of the vote thereon by the governor.